Note: This
statute has other subsections that are limited to the regulatory scheme
applicable to practitioners, such as medical doctors and pharmacists. If the
defendant is being charged as a practitioner tailor the instruction
accordingly. See also Illegal Sale or
Possession of Prescription Drugs, Instruction 8.1-14 .

The defendant is charged [in count __]
with obtaining a prescription drug by fraud. The statute defining this offense
reads in pertinent part as follows:

no person shall (obtain or attempt
to obtain / procure or attempt to procure the administration of) a drug that is
required by any applicable federal or state law to be dispensed pursuant only to
a prescription or is restricted to use by prescribing practitioners only1
by <insert one of the following:>

§ 21a-108 (1)
(a): fraud, deceit, misrepresentation or subterfuge.

§ 21a-108 (1)
(b): the forgery or alteration of a prescription or of any written order.

§ 21a-108 (1)
(c): the concealment of a material fact.

§ 21a-108 (1)
(d): the use of a false statement in any prescription, order or report
required by law.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Obtained or
procured prescription drugThe first element is that the
defendant (obtained or attempted to obtain / procured or attempted to procure
the administration of) a prescription drug, specifically <insert type of drug>.
Obtain and procure have their ordinary meaning. Attempt has its ordinary
meaning.

[<Insert if applicable:> "Administer"
means the direct application of a controlled substance, whether by injection,
inhalation, ingestion or any other means, to the body of a patient or research
subject by: (A) A practitioner, or, in (his/her) presence, by (his/her)
authorized agent, or (B) the patient or research subject at the direction and in
the presence of the practitioner, or (C) a nurse or intern under the direction
and supervision of a practitioner.]

Element 2 - MeansThe second element is that the
defendant did so by <insert as appropriate:>

§ 21a-108 (1)
(b): forgery or alteration of a prescription or of any written order.
Forgery means falsely making, completing, or altering a written instrument with
intent to defraud, deceive or injure another.2

§ 21a-108 (1)
(c): the concealment of a material fact. As applicable here, a material
fact means a fact that if known would have affected the defendant's ability to
lawfully receive a controlled substance or its administration.

§ 21a-108 (1)
(d): the use of a false statement in any prescription, order or report
required by law.

[<Insert if applicable:> "Prescription"
means a written, oral or electronic order for any controlled substance or preparation from a
licensed practitioner to a pharmacist for a patient].

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant (obtained or attempted to obtain
/ procured or attempted to procure the administration of) a prescription drug,
and 2) did so through <insert specific allegations>.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
obtaining a prescription drug by fraud, then you shall find the defendant
guilty. On the other hand, if you unanimously find that the state has failed to
prove beyond a reasonable doubt any of the elements, you shall then find the
defendant not guilty.
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